HomeMy WebLinkAbout03-12-2019 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
DATE: March 7, 2019 A Board of the City of Iowa City
TO: CPRB Members
FROM: Chris Olney
RE: Board Packet for meeting on Tuesday March 12, 2019
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 3/12/19
• Minutes of the meeting on 2/20/19
• Proposed Ordinance Change — 2/19119 City Council Formal Meeting Transcription
• Office Contacts — February 2019
• Complaint Deadlines
COMMUNITY POLICE REVIEW BOARD
TUESDAY, March 12, 2019 — 5:30 p.m.
HELLING CONFERENCE ROOM
410 E. Washington Street
ITEM NO. 1 CALL TO ORDER and ROLL CALL
ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
• Minutes of the meeting on 02/20/19
ITEM NO. 3 NEW BUSINESS
• City Council Liaison proposal
ITEM NO. 4 OLD BUSINESS
• Community Forum
• Proposed Ordinance change
ITEM NO. 5 PUBLIC DISCUSSION
ITEM NO. 6 BOARD INFORMATION
ITEM NO. 7 STAFF INFORMATION
ITEM NO. 8 TENATIVE MEETING SCHEDULE and FUTURE AGENDAS
• April 9, 2019, 5:30 p.m. Helling Conference Rm
• April 29, 2019, 6:00 p.m. IC Library (Community Forum)
• May 14, 2019, 5:30 p.m. Helling Conference Rm
• June 11, 2019, 5:30 p.m. Helling Conference Rm
• July 9, 2019, 5:30 p.m. Helling Conference Rm
ITEM NO. 9 ADJOURNMENT
Zf you will need disability -related accommodations in order to participatein this program/event, please contact
Chris Olney at 319-356-5043, Christine-olney@iowa-city.org. Early requests are strongly encouraged to allow
sufficient time to meetyour access needs.
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES — February 20, 2019
CALL TO ORDER: Chair Donald King called the meeting to order at 5:30 P.M.
MEMBERS PRESENT: Monique Galpin, Orville Townsend
MEMBERS ABSENT: Latisha McDaniel, David Selmer
STAFF PRESENT: Staff Chris Olney, Legal Counsel Patrick Ford
OTHERS PRESENT: Iowa City Police Chief Matherly
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB #18-02
CONSENT CALENDAR
Motion by Galpin, seconded by Townsend to adopt the consent calendar as presented or amended.
Minutes of the Meeting on 118/19
ICPD General Orders 01-03 (Performance Evaluations)
ICPD General Orders 99-03 (Prisoner Transport)
Motion carried, 3/0, McDaniel and Selmer absent
NEW BUSINESS
None
OLD BUSINESS
Community Forum - Olney discussed the draft items for the forum included in the meeting packet and
asked members for any changes. The Board agreed to proceed with the topic of discussion as being
the introduction of the City's ls' newly appointed female Captain and also to have the Police Chief give
a presentation and be available for questions.
Proposed Ordinance Change Discussion - King informed the Board that the Ordinance change was
voted on for 2nd consideration at the February 191h Council meeting. Olney added that when the
transcription is available it will be included in the CPRB packet and that the final vote will be at the
March 1211 Council meeting.
Townsend asked Staff about the information requested regarding the City's policy on requesting
Council attendance at Board/Commission meetings. Olney stated that there is no City policy, a majority
of the Council would have to agree to a proposal from the Board, and it would be a public meeting.
Townsend handed out a memo he had written for members to review regarding a new recommendation
for ordinance change. Townsend explained the recommendation would be for City Council to assign a
Council member liaison who could meet with a Board member individually to discuss any issues or
concerns on how the CPRB is handling its processes. After further discussion, it was agreed upon to
have a sub -committee of Townsend and McDaniel meet with Legal Counsel Ford to draft a memo
regarding the new proposed ordinance change to be discussed at the next Board meeting.
CPRB DRAFT
February 20, 2019
Page 2
PUBLIC DISCUSSION
None
BOARD INFORMATION
None
STAFF INFORMATION
None
EXECUTIVE SESSION
Motion by Galpin, seconded by Townsend to adjourn into Executive Session based on Section
21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or
federal law to be kept confidential or to be kept confidential as a condition for that government body's
possession or continued receipt of federal funds, and 22.7(11) personal information in confidential
personnel records of public bodies including but not limited to cities, boards of supervisors and school
districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized
elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are
made to a government body or to any of its employees by identified persons outside of government, to
the extent that the government body receiving those communications from such persons outside of
government could reasonably believe that those persons would be discouraged from making them to
that government body if they were available for general public examination.
Motion carried, 3/0, McDaniel and Selmer absent. Open session adjourned at 6:06 P.M.
REGULAR SESSION
Returned to open session at 6:19 P.M.
Motion by Townsend, seconded by Galpin to accept CPRB Complaint #18-02 as amended and forward
report to City Council.
Motion carried, 3/0, McDaniel and Selmer absent.
March 12, 2019, 5:30 PM, Helling Conference Rm
April 9, 2019, 5:30 P.M. Helling Conference Rm
April 29, 2019, 6:00 P.M. IC Public Library (Community Forum)
May 14, 2019, 5:30 P.M. Helling Conference Rm
June 11, 2019, 5:30 P.M. Helling Conference Rm
ADJOURNMENT
Motion for adjournment by Galpin, seconded by Townsend.
Motion carried, 3/0, McDaniel and Selmer absent.
Meeting adjourned at 6:21 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2018-2019
(Meeting Date)
TERM
3/19/18
4117/13
4/21118
5/8/18
6/12/18
723118
8121/18
9/11/18
10/9/18
11/13/18
M11/18
1/8/19
2/20/19
NAME
EXP.
Donald
7/1/19
X
X
X
X
X
X
X
X
O
X
X
X
X
King
Monique
7/1/20
X
X
X
X
X
X
X
X
X
X
X
X
X
Calpin
Orville
7/1/20
X
X
X
X
X
X
X
X
X
X
X
X
X
Townsend
Latisha
7/1/21
______
_____
______
______
______
_____
------
-----
X
O
X
X
O
McDaniel
Royceaml
7/1/21
O/E
X
O/E
X
O/E
-----
-----
-----
----
------
-------
Porter
David
7/1/21
X
X
X
X
X
X
O
X
O
X
O
X
O
Selmer
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319)356-5041
2/21 /2019
To: City Council
Complainant
City Manager
Equity Director
Chief of Police
Officer(s) involved in complaint
From: Community Police Review Board
Re: Investigation of CPRB Complaint # 18-02
E2
c-;
This is the Report of the Community Police Review Board's (the "Board") review of the investigation of
Complaint CPRB # 18-02 (the "Complaint").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, the Board's responsibilities are as follows:
1. The Board forwards all complaints to the Police Chief, who completes an investigation.
(Iowa City Code Section 8-8-7(A).)
2. When the Board receives the Police Chiefs report, the Board must select one or more of the
following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1):
a. On the record with no additional investigation.
b. Interview /meet with complainant.
c. Interview /meet with named officer(s) and other officers.
d. Request additional investigation by the police chief, or request police assistance in the
board's own investigation.
e. Perform its own investigation with the authority to subpoena witnesses.
f. Hire independent investigators.
3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review.
This means that the Board must give deference to the Police Chiefs report, because of the Police
Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).)
4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief
reverse or modify the Chiefs findings only if:
a. The findings are not supported by substantial evidence; or
b. The findings are unreasonable, arbitrary or capricious; or
c. The findings are contrary to a police department policy or practice, or any federal, state or
local law.
5. When the Board has completed its review of the Police Chiefs report, the Board issues a public
report to the city council. The public report must include: (1) detailed findings of fact; and (2) a
clearly articulated conclusion explaining why and the extent to which the complaint is either
"sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3).)
6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the
officer involved.
BOARD'S PROCEDURE
The Complaint was initiated by the Complainant on September 27, 2018. As required by'Oection
8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation.
The Chief's Report was filed with the City Clerk on December 26, 2018.
The Board voted on January 8, 2019 to apply the following Level of Review to the Chiefs Report: On the
record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(a)...
The Board met to consider the Report on January 8, 2019 and February 20, 2019.
Prior to the January 8, 2019 meeting, the Board reviewed audio and video recordings of the incident.
FINDINGS OF FACT
On August 25, 2018, the Complainant was involved in a traffic accident with another civilian in Iowa
City. The accident resulted in minor vehicle damage only — no persons were hurt. The officer involved
in the Complaint responded to the scene.
Upon arriving on the scene, the officer involved in the complaint listened to the Complainant explain the
sequence of events that caused the accident. The officer then asked the other civilian involved in the
complaint her sequence of events. The officer involved in the Complaint examined the vehicles,
damage to them, their locations in the road, as well as indicators of speed such as brake marks on the
pavement. He shared his observations with the Complainant, and informed her that the scene as he
found it was being documented by use of his body camera that was recording since he responded to
the call.
The officer also asked about whether there were other witnesses who may have knowledge of the
incident. There was one other witness who allegedly supported the other civilian's reported sequence
of events. The officer instructed the other civilian involved in the complaint to provide the contact
information for the alleged witness if/when she obtained it, but the officer had no other way of
identifying the witness.
Upon conclusion of his investigation on the scene, the officer involved in the complaint issued a citation
to the Complainant for failing to stop at a stop sign. The officer involved in the complaint explained to
the Complainant his findings that supported his investigation. The Complainant did not agree with the
officer's conclusions. The officer explained to the Complainant how she may contest the violation in
court and showed her where on the citation all relevant information to do the same was located.
The officer involved in the Complaint generated a Motor Vehicle Accident Report. In the report he
documented the contact information, description, and license and insurance information for each party,
a summation of the statements of the parties involved in the accident, his conclusion on the cause of
the accident and to issue a citation, citation identifying information, and his own identifying information.
Both parties were provided a copy of the report and were instructed to contact their insurance
companies to report the accident.
Approximately a month later, the Complainant challenged the citation in court. She was found guilty
beyond a reasonable doubt of the violation in the citation which the officer had issued to her on August
25, 2018. Shortly after, she filed the Complaint.
ALLEGATION 1 — Improper investigation.
Upon review of audio and video recordings related to the Complaint, the Board finds there is no
evidence to support this allegation. The officer involved in the complaint interviewed both parties
involved in the accident, examined the physical evidence, searched for additional witnesies, located
and documented identifying information, license, and insurance information, and included4he .
information he gathered from his investigation on his report. The board affirmed the opinion set forth in
the report of the police chief and/or city manager.
`_y..
Board's Findings: Allegation 1 — Improper investigation - Not sustained
Chief's Report Findings: Allegation 1 — Improper investigation - Not sustained
ALLEGATION 2 — Misinformation on collision report.
Upon review of audio and video recordings related to the Complaint, the Board finds there is no
evidence to support this allegation. The officer's report contains identifying information, insurance and
licensing information, a summary of the statements of both the Complainant and the other civilian
involved in the accident, a summary of the physical evidence from the accident, the officer's findings of
the cause of the accident and basis for issuing a citation based on the facts gathered from his
investigation, and proper identification of the citation, along with information about how the Complainant
may contest the citation in court.
Complainant points out discrepancies between the report and what she alleges is reality. Some of the
discrepancies the Complainant points out go to her personal identifier information: that her weight is
264 pounds and not 240 pounds as reported; that her height is six feet tall and not five feet eleven
inches as reported; and that she is Hispanic and not white as reported. Each of these inconsistencies
are very minor and, more importantly, inconsequential to the overall purpose of the Motor Vehicle
Accident Report under the circumstances. The Complainant herself offers no explanation for how the
minor discrepancies of her personal identifiers negatively impacted her in any consequential way. To
demand exacting verification on these details that are inconsequential under these circumstances is
simply unreasonable. Just the opposite is likely more true: it would have been more unreasonable if
the officer had required such exacting information, for example, by requiring the Complainant to stand
on a scale to determine her exact weight on the scene.
The remainder of the discrepancies claimed by Complainant seek to challenge the conclusion of the
officer involved in the complaint as to whether she committed a violation. Through the report, though,
the officer provides accurate summations of both parties' explanation for the accident, what he
observed, and his own conclusion. Complainant's position is that because she disagrees with the
officer's conclusion in issuing her a citation, and because the officer's conclusion to issue her a citation
is in the report, that the report therefore has misinformation. The accuracy of his conclusion and
whether citations were correctly issued is for the court forum. This was explained to Complainant on the
scene and instructions for how to proceed in challenging the officer's conclusion and citation were
provided to her in writing. In fact, Complainant did challenge the conclusion in court at a later date.
The conclusions in the report were the officer's, and were accurately reported. That the Complainant
disagrees with those conclusions does not make them misinformed or inaccurate.
All of the pertinent and consequential information the officer provided in the report was within a
reasonable degree of accuracy under any reasonable standard. The board affirmed the opinion set
forth in the report of the police chief.
Board's Findings: Allegation 2 — Misinformation on collision report - Not sustained
Chiefs Report Findings: Allegation 2 — Misinformation on collision report - Not sustained
COMMENTS
None.
Page 30
16. Community Police Review Board Amendments — Ordinance amending Title
8, "Police Regulations," Chapter 8, "Community Police Review Board," to
provide for changes in procedure and enhance opportunities for conversation
when the conclusions of the police chief and the Board differ. (Second
Consideration)
Throgmorton: Could we have a motion for second consideration please?
Teague: So moved.
Salih: Second,
Throgmorton: Moved by Teague, seconded by Salih. Anybody want to address this topic?
Okay, seeing no one, Council discussion?
Cole: I just want to re-emphasize for the people that didn't hear our last meeting, um,
this is the product, I think, of true citizen -Council collaboration. We had Monique
Galpin and Orville Townsend come in, who are Members of the Citizen
Community Review Board, and they gave us some substantive discussions. We
had an excellent dialogue, and as a result of that collaboration, I think we have a
more effective board. So I would really like to see this as a model for future
collaborations with other boards and I'm really proud of the work that both
Orville, Monique, and the board did, as well as the Council in terms of working
with them.
Teague: I would second that!
Throgmorton: All right! Smiles and nodding heads! (laughter) Okay! Any further discussion?
Seeing none, roll call please. Motion carries 7-0.
r ms represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of February 19, 2019.
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
February 2019
Date Description
None.
March 12, 2019 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #19-01
Filed: 02/11 /19
Chief's report due (90 days): 05/10/19
Chief's report filed: ??/??/19
CPRB meeting #1 (Review):
??/??/19
CPRB meeting #2 (Review):
??/??/19
CPRB meeting #3 (Review):
??/??/19
CPRB report due (90 days): 08/09/19
TENTATIVE MEETING SCHEDULE
April 9, 2019
April 29, 2019 Community Forum
May 14, 2019
June 11, 2019
July 9, 2019